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(영문) 서울중앙지방법원 2017.05.26 2016가단105969

소유권이전등기

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1. The defendant shall sell and purchase on October 30, 1992 with respect to the share of 15.565/2219.44 out of the real estate stated in the attached list to the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the defendant purchased the real estate listed in the attached Table No. 3 billion won (hereinafter the real estate of this case) which was constructed on Jan. 30, 1992 from Daelim Industry Co., Ltd., and the plaintiff jointly with the defendant on Oct. 30, 1992 at KRW 72,128,972 from the defendant on Oct. 30, 192 as to the building area and site ownership equivalent to the share of 31.13/2219.44 of the real estate of this case. The plaintiff and Eul's share of purchase of the real estate of this case is presumed to be 15.5.6 (=31.13 ±2)/219.44.4.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on October 30, 1992 with respect to the portion of 15.565/2219.44 out of the instant real estate to the Plaintiff.

2. The defendant's assertion as to the defendant's assertion that since the defendant failed to pay the balance to the Daelim industry and was unable to obtain the ownership of the real estate of this case from the Daelim industry, he cannot accept the plaintiff's claim. However, the plaintiff's claim cannot be rejected on the ground as alleged above. Thus, the above

3. The plaintiff's claim for the conclusion is justified and acceptable.